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Landlords timely delivered itemized damages notice to former tenants

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The date a tenant provides her forwarding address to her landlord triggers the 45-day period the landlord has to deliver the itemized damages to the tenant, the Indiana Court of Appeals ruled Thursday.

A small claims judge ordered landlords Lindsay and Kristopher Washmuth to return Johnny and Amy Wiles’ $1,500 security deposit, $800 in attorney fees and other costs after determining the Washmuths’ itemized statement of damages regarding the security deposit was not timely.

The Wileses rented a residence in Lapel from the Washmuths and moved out April 1, 2013, one day after their lease expired. The Wileses refused to provide a new address initially, directing their landlords on April 29, 2013, to send the itemized list to their attorney’s address.

The Wileses sued for return of their deposit. After receiving the Wileses’ new address on the small claims filing, the Washmuths mailed the damages list to them May 28, 2013, seeking more than $1,900 in damages and to keep the security deposit as well as money for unpaid utilities.

The small claims court found that the Wileses had provided the landlords with a permanent address – a P.O. Box in Lapel as well as the address of their attorney. As such, the judge ruled the itemized statement was not timely.

In Lindsay Washmuth and Kristopher Washmuth v. Johnny Wiles and Amy Wiles,  48A04-1310-SC-515, the Court of Appeals reversed, noting that the tenants didn’t provide a mailing address until April 29, which triggered the 45-days under statute the Washmuths had to deliver the itemized damages notice. The notices sent May 28 and June 8 were therefore timely.

“[W]e conclude that, if a tenant immediately provides a forwarding address upon termination of the rental agreement and delivery of possession, a landlord has forty-five days to deliver the itemized damages to the tenant. However, if the tenant fails to provide the forwarding address upon termination of the rental agreement and delivery of possession, … the landlord ‘is not liable . . . until supplied by the tenant with a mailing address to which to deliver the notice.’ The landlord’s obligation cannot begin to run until after the tenant has supplied a forwarding address. The landlord’s obligation to send the notice is tolled until it receives the forwarding address,” Judge Michael Barnes wrote.

 
 

 

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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